The U.S. Department of Education is forging ahead with plans to scraps the federal office of English-language acquisition—perhaps without seeking congressional approval or public comment on the proposal.
The U.S. Department of Education is forging ahead with plans to scraps the federal office of English-language acquisition—perhaps without seeking congressional approval or public comment on the proposal.
The U.S. Department of Education is forging ahead with plans to scraps the federal office of English-language acquisition—perhaps without seeking congressional approval or public comment on the proposal.
UNITED STATES DEPARTMENT OF EDUCATION,
‘THE DEPUTY SECRETARY
July 26, 2018
Ms. Maria Puleini
Managing Policy Analyst
Joint National Committee for Languages
‘National Couneil for Languages
and Intemational Studies
P.O, Box 386
Garrett Park, MD 20896
Dear Ms. Pulcini:
Thank you for the letter dated June 15, 2018, on behalf of 18 organizations, The Secretary and I
commend your support for our nation’s English leamers (ELs) and for the Office of English
Language Acquisition (OELA). We have responded to your questions below and appreciate the
productive dialogue.
EO 13781 §3(b) requires that “[tJhis order shall be implemented consistent with applicable law
and subject to the availability of appropriations,” How, specifically, will the Department ensure
that the Office continues to function as prescribed by law? Furthermore, if OELA is merged into
the Office of Elementary and Secondary Education, how will the Director and the Office
continue to fulfill the duties prescribed by law?
‘The Department will continue to fulfill its responsibilities and mission, including those currently
undertaken by the Office of English Language Acquisition. OELA funds programs and services
authorized under Title III of the Elementary and Secondary Education Act. The office
administers three discretionary grant programs: the National Professional Development (NPD)
program, the Native American and Alaska Native Children in School (NAM) program, and
the Asian American and Pacific Islander Data Disaggregation Initiative grant (D2), OELA also
funds research and evaluation studies regarding ELs, as well as the National Clearinghouse for
English Language Acquisition (NCELA). OELA continues to support and helps to facilitate
compliance by States and local educational agencies in their efforts to provide a high-quality
education to English learners. In addition, OELA serves our stakeholders by disseminating
research and resources on EL education to State Education Agencies, teachers, and other
practitioners, parents, university faculty, administrators, and Federal policymakers. The Director
of OELA will continue to fulfill his responsibilities in accordance with 20 U.S.C. § 3420.
As you know, the United States Supreme Court has issued several rulings, namely Lau v.
Nichols, Castateda v. Picard, and Plyler v. Doe, establishing rights for English Learners and
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providing for specific responsibilities to be carried out by the Department and by OELA. How
will the proposed reorganization meet these legally prescribed responsibilities?
The Department is committed to upholding the laws and protections put in place for ELs and will
continue to do so under any reorganization. As noted above, OFLA will continue to fulfill its
statutory obligations
Will the Department seek Congressional approval for the reorganization plan? If not, how does
the Department justify its authority to reorganize OELA?
‘The Department is working closely with the Office of Management and Budget (OMB), its
Office of the General Counsel (OGC), and others to ensure that the reorganization is conducted
in accordance with the law and Executive Order 13781,
Will the Department make the reorganization plan available for public comment through the
Federal Register?
‘The Department accepted public comment through the OMB process, and its Steering
Committee on agency re-structuring also solicited reform ideas from external stakeholders.
Have there been any changes made to the level of resources or number of full-time staff at OELA
over the last 18 months?
‘The Department has not made any change to the level of resources, as Title III received level
funding for FY 2018. OELA has experienced a reduction of two staff through natural attrition in
the last 18 months.
We commend your advocacy for English leamers and all that you do on behalf of the students of
our great nation.
Sincerely,
—tiehll MUM. Za
Mitchell M. Zais, Ph.D.